Emmanuel Gaillard

Emmanuel Gaillard is Global Head of Disputes Group and Head of the firm’s International Arbitration practice.

He advises and represents companies, States and State-owned entities in commercial and investment treaty arbitrations and is universally regarded as a leading authority and a star practitioner in both these fields. He also acts as arbitrator and expert witness.

Over the course of his career, Emmanuel Gaillard has acted on many of the largest international disputes submitted to arbitration. In addition to the $50 billion award secured for the majority shareholders of the former Yukos Oil Company, he acted on the ICC arbitration brought by The Dow Chemical Company against Petrochemical Industries Company of Kuwait, which led to a $2.47 billion award in favor of Dow, previously distinguished as the largest arbitral award rendered in the history of international arbitration.

A Professor of Law in France currently acting as a Visiting Professor of Law at Yale Law School, Emmanuel Gaillard has written extensively on all aspects of arbitration law, in French and in English. Co-author of a leading treatise in the field (Fouchard Gaillard Goldman On International Commercial Arbitration), he also authored the first published essay on the legal theory of international arbitration. The volume, originally published in French (Aspects Philosophiques du droit de l’arbitrage international), was subsequently published in English (Legal Theory of International Arbitration), as well as in Arabic, Chinese, Spanish and other languages. He also co-authored the UNCITRAL Secretariat Guide on the New York Convention.

Emmanuel Gaillard has been appointed by France on the ICSID Panel of Arbitrators. He regularly acts as expert for the OECD, UNCTAD, and UNCITRAL. He chairs the International Arbitration Institute (IAI) and was the first President and one of the co-founders of the International Academy for Arbitration Law (AIDA).

Experience

Experience as Counsel

Investment treaty arbitration

A leading European energy group in an UNCITRAL arbitration brought against the Kingdom of Spain under the Energy Charter Treaty. The dispute relates to measures taken by Spain in the renewable energy sector.

The Arab Republic of Egypt in an ICSID arbitration initiated by Ampal-American Israel Corporation and other investors (ICSID Case No. ARB/12/11) concerning alleged violations of investors’ rights under the Egypt-U.S. and the Egypt-Germany BITs. The investment concerns a long term contract for the supply of natural gas. We also represent the Arab Republic of Egypt in an UNCITRAL arbitration brought by other investors concerning alleged violations of investors’ rights under the Egypt-Poland BIT in relation to the same long-term contract.

The People’s Democratic Republic of Algeria in an ICSID arbitration initiated by Orascom TMT Investments S.à.r.l. (ICSID Case No. ARB/12/35). The dispute related to alleged breaches of the Algeria-Belgium-Luxembourg BIT in relation to the operation of a mobile telephone company in Algeria. The $4 billion claim brought against our client was dismissed in its entirey.

The majority shareholders in the former Yukos Oil Company as Claimants in a series of three UNCITRAL arbitrations in The Hague against the Russian Federation in relation to the expropriation of their investment in the company. The claims were brought under the Energy Charter Treaty. The Tribunal ordered the Russian Federation to pay over $50 billion in damages to our clients, the largest award ever rendered by an arbitral tribunal. The Tribunal also ordered the Respondent to reimburse to our clients 75% of the legal fees they had incurred in these proceedings, as well as 100% of the arbitration costs.

Energy arbitration

A West African State-owned energy company in an ICC arbitration in London initiated by a local subsidiary of a North American oil company. The dispute arises from a purchase and sale agreement related to concession rights in two deepwater oil blocks off the coast of the African State. Over $2.2 billion is at stake.

A Middle Eastern State-owned gas company as Respondent in two CRCICA arbitrations brought by a European energy company. The dispute arises from a gas supply agreement. Egyptian law applies.

Nine Asian Independent Power Producers (IPPs) in an LCIA arbitration in London brought against a Pakistani State-owned entity. The dispute arose out of the non-payment of certain amounts under Power Purchase Agreements concluded between the IPPs and the State-owned entity. Pakistani law applied. The $100 million claim brought against our client was dismissed in its entirety.

A European energy company, seller in a long-term gas supply agreement, as Respondent in a gas price review arbitration brought by another European energy company (as buyer). Over $1.3 billion was at stake. Algerian law applied. A settlement was achieved by the parties.

M&A and Joint ventures

A Middle Eastern business man in an ICC arbitration in Geneva related to the dissolution of a long-standing family partnership. The law of a Gulf State applies. Billions of dollars are at stake.

A group of shareholders of a holding company as Claimants in an ICC arbitration in Paris against two shareholders in the same company. The dispute concerns the interpretation of a put option price provision contained in a Shareholders' Agreement. The law of the Netherlands applies. Over $1 billion is at stake.

The Dow Chemical Company in an ICC arbitration in London against Petrochemical Industries Company (PIC) arising out of the failure of the latter to close a large joint venture transaction. English law applied. Dow was awarded more than $2.47 billion.

EDF International in an ICC arbitration in Zurich initiated by a company fully-owned by the German Land of Baden-Württemberg. The dispute arose from the acquisition by the Land of EDF’s stake in an energy company based in the Land and raised complex issues of EU law. German law applied. The €4.6 billion claim brought against our client was dismissed in its entirety.

Other matters

A French-German consortium in an ICC arbitration in Stockholm against a Finnish utility company. The dispute arises from an agreement for the construction of a nuclear power plant in Finland. Finnish law governs. Over €6.1 billion is at stake.

An international logistics company and port operator in two ad hoc arbitrations arising from the breach of a concession agreement and a framework agreement. The first arbitration was brought against the port authority of an African State. The second arbitration was brought against the same port authority and the State.

An international joint venture in an ICC arbitration in Geneva brought against North Asian contractors. The dispute arose from an agreement for the construction of a fertilizer plant in an African State. The law of the African State applied.

Numerous post-award proceedings to seek the setting aside or the enforcement of awards rendered in commercial and investment treaty arbitrations.

Experience as Arbitrator

Emmanuel Gaillard has acted as Chair, Sole arbitrator or member of the tribunal in arbitrations conducted in accordance with the Arbitration Rules of ICSID, ICC, LCIA, IACAC, AAA, CRCICA, the Franco-German and the Zagreb chambers of commerce, the Geneva Chamber of Commerce and Industry, as well as in ad hoc (including UNCITRAL) proceedings. Arbitrations in the public domain include:

Federal Elektrik Yatırım ve Ticaret A.Ş. and others v. Republic of Uzbekistan (Arbitrator, appointed by the Claimant, ICSID Case No. ARB/13/9). Dispute relating to the renovation and development of a natural gas system.

Victor Pey Casado and President Allende Foundation v. Republic of Chile (Arbitrator, appointed by ICSID, ICSID Case No. ARB/98/2). Dispute arising out of the alleged expropriation of a newspaper company by Chile’s military junta.

Cargill, Incorporated v. Republic of Poland (Arbitrator, appointed by the Claimant, former ICSID Case No. ARB(AF)/04/2).

Canfor Corporation v. USA (President, appointed by agreement between the parties, arbitration under the UNCITRAL Arbitration Rules and NAFTA). Arbitration regarding the effect of U.S. antidumping and countervailing duty determinations (including the Byrd Amendment of 2000) on the softwood lumber industry made by the U.S. Department of Commerce. Case consolidated with two other arbitrations relating to softwood lumber before the same Consolidated Tribunal under NAFTA Article 1126.

Consortium Groupement L.E.S.I.-DIPENTA v. Algeria (Arbitrator, appointed by the Republic of Algeria, ICSID Case No. ARB/03/8). Dispute arising out of the construction of a dam.

L.E.S.I. SpA and Astaldi SpA v. Algeria (Arbitrator, appointed by the Republic of Algeria, ICSID Case No. ARB/05/3). Dispute arising out of the construction of a dam.

PT Aria West International v. PT Telekomunikasi Indonesia Tbk (Arbitrator, appointed by the Claimant, ICC arbitration, Geneva). Dispute arising out of a joint operating agreement between a foreign investor and Indonesia’s State phone company for building and operating a fixed-lined phone service in West Java.

Experience as Expert

Emmanuel Gaillard regularly appears as expert in international arbitration proceedings as well as in in court proceedings, in particular with respect to the recognition and enforcement of arbitral awards in a number of countries.
Involvements as expert include:

Expert report on French international arbitration law before the High Court of England and Wales in connection with a request for enforcement of an award.

ICC arbitration between Andersen Consulting and Arthur Andersen.

LCIA arbitration between True North Communications and Publicis

ICC arbitration between AT&T Corp. and Saudi Cable Company.

Action brought before the U.S. District Court for the District of Columbia by International Bechtel Company against Dubai regarding the enforcement of an award set aside in the country of origin.

Action brought before the U.S. District Court for the Southern District of Florida by Four Seasons Hotels against Consorcio Barr for the enforcement of a AAA award rendered in Miami and set aside in Venezuela.

Action brought before the Superior Court of Quebec by Tusculum B.V. against Louis Dreyfus & Cie to vacate an order and final award by an ICC arbitral tribunal on the ground that it decided issues allegedly decided in an earlier partial award.

Qualifications

Education

Agrégé des Facultés de Droit

Université Paris II Panthéon-Assas

Ph.D.

Université Paris II Panthéon-Assas

D.E.A. Criminal Law

Université Paris II Panthéon-Assas

D.E.A. Private Law

Admissions

Avocat à la Cour, Paris

Languages

English

French

Nationality

French

Of Note

Professional Activities

Visiting Professor of Law, Yale Law School (2014–)

Professor of Law, Ecole de droit, Sciences Po (2012–14)

Visiting Professor of Law, University of Geneva (2009–13) and Harvard Law School (1984)

President and co-founder, International Academy for Arbitration Law (2011–13)

Yearly commentaries on ICSID case law in the Journal du Droit International (1985–2010)

Numerous other articles and book chapters on international arbitration and private international law

Awards & Accolades

Ranked as a Star Practitioner in Chambers Global since 2006.

Professional directories and publications have noted Emmanuel Gaillard’s “standout reputation,” “incredible wealth of knowledge and experience” and “fantastic record in the field.”

Clients tell Chambers Global that Emmanuel Gaillard is a “brilliant strategist and technician who represents the client with zeal and thoroughness,’ ‘[a]n extremely respected practitioner, considered one of the best specialists in the world of arbitration,’ and a “leading light in the international arbitration sphere”. Clients further underline that Emmanuel Gaillard is “an outstanding practitioner,” “one of the gods of international arbitration” and note that “his ability to make strategic decisions and present them to the client is impressive” and that he gives good and quick service, always puts issues into a wider context and finds new angles to solve problems’.”

Peers tell Who’s Who that Emmanuel Gaillard is “absolutely outstanding,” “a real star in the field,” that “there is no one in this profession better or even equally formidable” and that they “have not come across another lawyer with the same degree of mastery”.